Khan

Plaintiffs appeal after the trial court granted summary judgment against them in their action involving an allegedly defective mechanical heart valve. They contend the court applied incorrect legal principles in concluding that in light of the fact the valve implanted in Judy M. Khan’s heart had not yet malfunctioned, any grievances were speculative and their lawsuit premature.

I.

Judy Khan was 33 years old when, on July 29, 1983, a Bjork-Shiley convexo-concave valve was implanted in her heart to replace a diseased mitral valve. She had first learned about her condition six months earlier and was told she would die without the implant. Before the surgery, Khan had been experiencing fatigue, double vision, exhaustion, and shortness of breath. Within two months of the operation, her symptoms were gone and she was “feeling good about life.”

Khan had been advised of the risks associated with mechanical heart valves including the potential for blood clots and the possibility the valve would be rejected by her body. She also knew she would always be a slave to blood thinner medication. She was not, however, told there was a risk the valve might fracture.

In November 1985,…